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01-05-2009, 09:32 PM | #1 |
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I contacted Restaurant Depot in Milford, CT (203 795 9900) and asked where the Halal certified chicken comes from. They said Allen Farms Poultry (302 629 9163). I spoke to someone at Allen Farms and they advised that the Halal certification comes from "Halal Food Council SEA" and their # is 410 548 1728. From their website: http://halalfoodcouncil.info/index.html Halal Food Council International (HFCI) is one of the international halal certifier operating in USA. HFCI got recognition from JAKIM (Malaysia), MUIS (Singapore), and MUI (Indonesia) under the name of Halal Food Council South East Asia (HFC–SEA). HFC–SEA main business is to certify meat and meat products in USA. HFCI strictly follow the guideline of halal as set by Malaysia, Singapore and Indonesia. This guideline appears in the Codex Alimentarius (1997) that has been approved by all Muslim countries in the world. This includes the standard of halal slaughter, halal food, halal cosmetics and halal usable goods. CERTIFICATION REQUIREMENT: A GENERAL REVIEW OF ALL EXISTING STANDARD. 1) Premise Only Produces Halal Product: - There must be no contamination between halal and non-halal products in the storage and manufacturing. 2) Premise Complies With Good Manufacturing: - This includes cleanliness and full hygienic system in the factory and the environment surrounding the factory. However, factory with normal or manual cleaning procedure can apply for halal certification with strict observation from our consultant. 3) Premise With Two (2) Muslim Workers Is Preferable: - The Muslim workers can help factory in complying with halal guideline. However factory without Muslim worker is also qualified to get halal certification. 4) No Food Served Inside The Factory: - This is to make sure the factory is always kept clean and free from non-halal element. 5) Only Halal Ingredient For Halal Products: - Among the halal ingredient are: i) Free from pork or dog ii) Free from non-slaughtered animal iii) Free from animal part, except what has been certified halal iv) Free from animal fat such as enzyme, emulsifier etc. except what has been certified halal. v) Free from filth or najis vi) Free from wine or alcohol 6) There Is No Contamination Between Halal And Non Halal In The Premise: - Only factory or premise served or produced with halal products can be certified halal. Premise that produces non-halal product cannot be certified unless they discontinue the non-halal and go for halal only. They can operate for halal products after undergoing cleansing procedure according to Islamic law. I ask the knowledgeable brothers and sisters, the Ulama especially, can someone contact them and ask the pertinent questions, or perhaps if they are close to their offices in Maryland, please visit them. Can we assume their "Halal" certification is proper according to the Shariah? The Halal chicken (as well as beef) sold at Restaurant depot is spread all over the US and in our vicinity a restaurant is across the street from the mosque. Everyone trusts the brother that the food is Halal, but once I found out it was from Restaurant Depot I became worried. Is the certification from Halal Food Council SEA valid ? |
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01-05-2009, 09:59 PM | #2 |
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01-05-2009, 11:01 PM | #3 |
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GENERAL GUIDELINES FOR USE OF THE TERM "HALAL"
The Codex Alimentarius Commission accepts that there may be minor differences in opinion in the interpretation of lawful and unlawful animals and in the slaughter act, according to the different Islamic Schools of Thought. As such, these general guidelines are subjected to the interpretation of the appropriate authorities of the importing countries. However, the certificates granted by the religious authorities of the exporting country should be accepted in principle by the importing country, except when the latter provides justification for other specific requirements. 1. SCOPE 1.1 These guidelines recommend measures to be taken on the use of Halal claims in food labelling. 1.2 These guidelines apply to the use of the term halal and equivalent terms in claims as defined in the General Standard for the Labelling of Prepackaged Foods and include its use in trademarks, brand names and business names. 1.3 These guidelines are intended to supplement the Codex General Guidelines on Claims and do not supersede any prohibition contained therein. 2. DEFINITION 2.1 Halal Food means food permitted under the Islamic Law and should fulfil the following conditions: The Codex General Guidelines for the use of the term "Halal" were adopted by the Codex Alimetarius Commission at its 22nd Session, 1997. They have been sent to all Member Nations and Associate Members of FAO and WHO as an advisory text, and it is for individual governments to decide what use they wish to make of the Guidelines. 2.1.1 does not consist of or contain anything which is considered to be unlawful according to Islamic Law; 2.1.2 has not been prepared, processed, transported or stored using any appliance or facility that was not free from anything unlawful according to Islamic Law; and 2.1.3 has not in the course of preparation, processing, transportation or storage been in direct contact with any food that fails to satisfy 2.1.1 and 2.1.2 above. 2.2 Notwithstanding Section 2.1 above: 2.2.1 halal food can be prepared, processed or stored in different sections or lines within the same premises where non-halal foods are produced, provided that necessary measures are taken to prevent any contact between halal and non-halal foods; 2.2.2 halal food can be prepared, processed, transported or stored using facilities which have been previously used for non-halal foods provided that proper cleaning procedures, according to Islamic requirements, have been observed. 3. CRITERIA FOR USE OF THE TERM "HALAL" 3.1 LAWFUL FOOD The term halal may be used for foods which are considered lawful. Under the Islamic Law, all sources of food are lawful except the following sources, including their products and derivatives which are considered unlawful: 3.1.1 Food of Animal Origin a) Pigs and boars. b) Dogs, snakes and monkeys. c) Carnivorous animals with claws and fangs such as lions, tigers, bears and other similar animals. d) Birds of prey with claws such as eagles, vultures, and other similar birds. e) Pests such as rats, centipedes, scorpions and other similar animals. f) Animals forbidden to be killed in Islam, i.e., ants, bees and woodpecker birds. g) Animals which are considered repulsive generally like lice, flies, maggots and other similar animals. h) Animals that live both on land and in water such as frogs, crocodiles and other similar animals. i) Mules and domestic donkeys. j) All poisonous and hazardous aquatic animals. k) Any other animals not slaughtered according to Islamic Law. l) Blood. 3.1.2 Food of Plant Origin Intoxicating and hazardous plants except where the toxin or hazard can be eliminated during processing. 3.1.3 Drink a) Alcoholic drinks b) All forms of intoxicating and hazardous drinks 3.1.4 Food Additives All food additives derived from Items 3.1.1, 3.1.2 and 3.1.3. 3.2 SLAUGHTERING All lawful land animals should be slaughtered in compliance with the rules laid down in the Codex Recommended Code of Hygienic Practice for Fresh Meat and the following requirements: 3.2.1 The person should be a Muslim who is mentally sound and knowledgeable of the Islamic slaughtering procedures. 3.2.2 The animal to be slaughtered should be lawful according to Islamic Law. 3.2.3 The animal to be slaughtered should be alive or deemed to be alive at the time of slaughtering. 3.2.4 The phrase "Bismillah" (In the Name of Allah) should be invoked immediately before the slaughter of each animal. 3.2.5 The slaughtering device should be sharp and should not be lifted off the animal during the slaughter act. 3.2.6 The slaughter act should sever the trachea, oesophagus and main arteries and veins of the neck region. 3.3 PREPARATION, PROCESSING, PACKAGING, TRANSPORTATION AND STORAGE All food should be prepared, processed, packaged, transported and stored in such a manner that it complies with the Section 2.1 and 2.1 above and the Codex General Principles on Food Hygiene and other relevant Codex Standards. 4. ADDITIONAL LABELLING REQUIREMENT 4.1 When a claim is made that a food is halal, the world halal or equivalent terms should appear on the label. 4.2 In accordance with the Codex General Guidelines on Claims, claims on halal should no be used in ways which could give rise to doubt about the safety of similar food or claims that halal foods are nutritionally superior to, or healthier than, other foods. Are they missing "Allahu Akbar"? Can any Ulama review these guidelines and inform us if it is proper? |
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01-06-2009, 02:13 AM | #4 |
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Assalam O Alaikum
The most important thing missing in the general guideline and also at website of Halal Food Council whether chickens are slaughter by hand or by machine. If by machine then it is not accepteble to majority of Muslims in USA. There are many Halal zabiha certifying organizations in US but most important thing is the slaughtering method for chicken. Machine slaughtering is acceptable in Malaysia, Indonesia and in Saudi Arabia. The second thing missing is stunning. The Halal Food act and its enforcement both in New Jersey and Illinios are better than the GENERAL GUIDELINES FOR USE OF THE TERM "HALAL. They spell out whether chickens were slaughtere by machine or hand and also talk about stunning. Many ulema in USA has different views on both stunning and machine slaughter. It all depends upon which Halal certification organization or zabiha slaughter company you trust. If they are investigated by an independent Imam or Mufti in any city and found to be ok then you can consume their slaughtered meat. Syed Rasheeduddin Ahmed www.muslimconsumergroup.com www.canadianhalalfoods.com |
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01-06-2009, 02:36 AM | #5 |
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01-06-2009, 03:14 AM | #6 |
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I just got off the phone with brother Abdol Hajir, the Director/President of Halal Food Council SEA.
He advised the chicken from Allen's Farm Poultry (supplied to Restaurant Depot) is STUNNED and MACHINE slaughtered. He advised only AL SAFA and CRESCENT POULTRY are HAND slaughtered. He asked that I consult my local Imam for the ruling on whether it is permisable or not, same as brother Rasheed mentioned. Any Scholar, can you please remind people (for purposes of this thread) what the ruling would be for machine slaughtered chicken? |
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01-06-2009, 04:18 AM | #7 |
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Assalam O Alaikum Br. Adeel,
I saw Br. Abdol Hajir in Malaysia when I was speaking at the Halal Food Conference. Yes, It is true the Crscent Foods in Chicago hand slaughter chicken. Machine slaughtering is not universally accepteble to all Muslims in USA/Canada. I never heard any ulema in USA said it is zabiha. As I said there is different of opinions among Ulema. It is the ulema in Malaysia, Indonesia and Saudi Arabia said it is zabiha rather forcing chicken suppliers in western countries and Australia to hand slaughter. How come Kosher chicken in USA/Canada/UK are slaughter by hand without stunning?. Kosher slaughtered chicken are high in cast. Those countries mentioned above do not want to pay extra cost for hand slaughtering. About 140 chickens are slaughter per minute at machine. One can not says the Sharia prayer 140 times in one minutes. This is the argument. Muslim Consumer Group's ulema do not consider machine slaughter chickens as Zabiha. Syed Rasheeduddin Ahmed www.muslimconsumergroup.com www.canadianhalalfoods.com |
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01-06-2009, 04:25 AM | #8 |
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01-06-2009, 10:03 AM | #9 |
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AskImam.org
See Item 4 http://www.askimam.org/fatwa/fatwa.p...db4f93d0ce43e6 Package Box says its Halal http://www.askimam.org/fatwa/fatwa.p...0f887d7c142bb1 Western Country Chicken http://www.askimam.org/fatwa/fatwa.p...7c70ddd77fc771 ShariahBoard.org – Urdu audio responses from Mufti Nawal ur Rahman Miftahi (opens in real player) http://www.shariahboard.org/viewfatw...estion_ID=3012 http://www.shariahboard.org/viewfatw...estion_ID=6350 http://www.shariahboard.org/viewfatw...uestion_ID=843 The most detailed of them all that I could find - From Mufti Mohammed Ibn Adam. http://daruliftaa.com/question.asp?t...nID=q-05554697 Mechanical Slaughter of Meat ________________________________________ As you may know, machine slaughter of chickens has become quite an issue in the Muslim community. Back in the summer of 2003, I wrote an investigative report on Maple Lodge Farms'' new line of "Zabiha Halal" products. Following the release of the article, I got an e-mail from a sister, who was confused by the whole issue. She complained that many of her relatives and friends continued to buy Maple Lodge products on the basis that the organization certifying the products as "Halal" is responsible, and thus, any sins for eating the chickens will go to the certifying organization. The sister really didn’t know what to do in situations where one may go to someone’s house, and have dishes with machine slaughtered chicken put before him/her. So the question is: What is the status of Maple Lodge Farms'' chickens? (The slaughter method is explained in detail in the article mentioned above) Are these chickens outright Haram, or is there some leeway in this matter? If one is presented with dishes containing machine slaughtered chickens, what should one do? Any guidance on this issue will be highly appreciated. ________________________________________ In the name of Allah, Most Compassionate, Most Merciful, Slaughtering animals mechanically is becoming a widespread phenomenon in many abattoirs, plants and firms in a number of countries. The idea and objective behind slaughtering animals mechanically rather than manually is to speed up the process of slaughter, thus cater for a mass production. There are many methods of slaughtering the chickens mechanically. In some major plants, one machine takes care of all the stages of slaughter and production, in that the chickens enter the machine from side alive and exit from the other with all the stages of slaughtering, removing of the feathers, cleaning, cutting into pieces, packaging, etc being taken care of by this colossal electrical appliance. Normally, chickens are transported to the place of slaughter through a conveyer belt on which the chickens are hanged upside down with its legs tied to the hooks on the conveyer. These chickens, after passing through extremely cold water, arrive at the place where a gyratory blade or knife cuts the chickens. Thereafter, the chickens move along to the other stages of cleaning, cutting, packaging, etc. In some plants, a Muslim pronounces the name of Allah Most High (tasmiyah) before switching the machine on which caters for the slaughtering of thousands of chickens. In other places, two Muslims stand at each of the two production lines. One pronounces the name of Allah (tasmiyah) during the slaughter process, while the other makes sure that the machine has missed no chicken. A fifth “spare” stands-by to cover breaks, lunches, and prayer. At times, each line slaughters up to 140 chickens per minute or 8400 chickens per hour. To understand the Shariah ruling with regards to machine-slaughter, one must remember that, for an animal to be considered Islamically lawful (halal), there are basically three conditions. a) Most of the four veins (including the Jugular vein, according to some) must be cut with a knife, blade or any tool that is sharp and has a cutting edge; b) The name of Allah must be pronounced at the time of slaughtering, whether actually or effectively (such as when it is forgotten by someone who would normally have said it); c) The slaughterer must be either a Muslim or from the People of the Book (Ahl al-Kitab). (See: al-Haskafi and Ibn Abidin in Radd al-Muhtar ala al-Durr al-Mukhtar) It should be also remembered here that all these conditions are necessary individually and separately. Failure to fulfil them will render the animal unlawful. Condition (b), which is to pronounce the name of Allah, has a great bearing on the issue of machine-slaughter, thus it is imperative that we understand it in great depth and detail. Some people argue that pronouncing the name of Allah (tasmiyah) is not a pre-requisite in order for the animal to be Halal, rather it is merely something that is Sunnah. This understanding is incorrect due to various reasons: Firstly, the Qur’an is quite clear with regards to the obligation of pronouncing the name of Allah (tasmiyah). Allah Most High says: “Eat not of (meats) over which Allah’s name has not been pronounced. That would be sinful (fisq).” (Surah al-An’am, 121) This verse quite clearly mentions the necessity of pronouncing the name of Allah Most High without any ambiguity or doubt. And Allah did not just suffice on this command, rather followed it up by saying “that would be sinful (fisq)” removing any doubt that Tasmiyah may not be necessary. Similarly, Allah Most High says: “They ask you what is lawful for them (as food). Say: Lawful unto you are (all) things good and pure and what you have taught your trained hunting animals (to catch) in the manner directed to you by Allah. Eat what they catch for you and pronounce the name of Allah over it.” (Surah al-Ma’idah, V.4) And: “Why should you not eat of (meats) on which Allah’s name has been pronounced?” (Surah al-An’am, V. 119) And: And there are cattle on which, (at slaughter), they do not pronounce the name of Allah, a fabrication against Him. Soon He will requite them for what they have been fabricating.” (Surah al-An’am, 138) This verse is also quite stern on the necessity of pronouncing the name of Allah Almighty. So much so that Allah called the non-pronouncement of his name, a fabrication against Him. There are many other verses also that clearly and categorically illustrate that pronouncing the name of Allah Almighty at the time of slaughtering an animal is an absolute necessity and a fundamental ingredient to a valid slaughter. Secondly, there are many narrations of the Messenger of Allah (Allah bless him & give him peace) that also show the importance of pronouncing the name of Allah Most High. Jundub ibn Sufyan al-Bajali (Allah be pleased with him) narrates that: “Once we offered some animals as sacrifice with the Messenger of Allah (Allah bless him & give him peace). Some people slaughtered their sacrifices before the Eid prayer. When the Messenger of Allah (Allah bless him & give him peace) completed his prayer, he saw that they had slaughtered before the prayer, so he said: “Whoever slaughtered before the prayer, should slaughter another animal (sacrifice) in place of it, and those who did not slaughter until we prayed, should slaughter by pronouncing the name of Allah.” (Sahih al-Bukhari, no. 5500) Rafi’ ibn Khadij (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “if the killing tool causes the blood to gush out, and the name of Allah is pronounced, then eat (of the slaughtered animal).” (Sahih al-Bukhari, no. 5498) Adi ibn Hatim (Allah be pleased with him) narrates that he said: “O Messenger of Allah! At times, I let go of my hunting dog but I find with it another dog and I am unaware which of the two hunted the animal? The Messenger of Allah (Allah bless him & give him peace) said: “Don’t eat (from the hunted animal), for you have pronounced the name of Allah on your dog and not on the other.” (Sahih al-Bukhari, no 5486) There are many other rigorously authenticated narrations of the Messenger of Allah (Allah bless him & give him peace) that signify the importance and necessity of pronouncing the name of Allah at the time of slaughter. Thirdly, almost all the Islamic jurists (fuqaha) are of the view that pronouncing the name of Allah is a pre-requisite for an animal to be considered Halal. The only exception is the situation when one forgets to pronounce the name of Allah Most High. Imam al-Haskafi (Allah have mercy on him) from the Hanafi school states: “An animal slaughtered (zabiha) by other than someone from the people of the book (ahl al-Kitab), such as a fire-worshipper, idol-worshipper, etc will not be Halal…Similarly, the animal on which the name of Allah was not pronounced intentionally (will be haram)…However, if it was left out due to forgetfulness, it would be Halal.” The great Hanafi jurist, Allamah Ibn Abidin (Allah have mercy on him) explains the above by stating: “Meaning a slaughtered animal will not be lawful to consume (halal) if the name of Allah was intentionally not pronounced whether the slaughterer was a Muslim or from the people of the book (kitabi), because of the (clear) text of the Qur’an and the consensus (ijma) of all the scholars.” (See: Radd al-Muhtar ala al-Durr, 5/298-299) In the Maliki Madhab, it is stated in Sharh al-Kabir of al-Darder: “Pronouncing the name of Allah (tasmiyah) is necessary at the time of slaughtering the animal or sending for hunting if one remembers and is capable of doing so. Thus, it is not necessary for a person who forgets, neither on a person who is dumb and neither on the one who is forced to not pronounce it (mukrah).” Imam al-Dasuqi (also a major Maliki jurist) explains the above by stating: “The meaning of the Qur’anic verse: “Eat not of (meats) over which Allah’s name has not been pronounced” is that on which the name of Allah was not pronounced intentionally with having capability of doing so. However, if Allah’s name was not pronounced due to forgetfulness or incapability, then the animal would be lawful (halal). An individual ignorant of the ruling (jahil) will be treated in the same manner as the one who deliberately and intentionally does not pronounce the name of Allah (a’mid).” (See: Hashiyat al-Dasuqi ala al-Sharh al-Kabir, 2/167-168) From the Hanbali Madhhab, Imam al-Bahuti (Allah have mercy on him) states: “If the slaughterer fails to pronounce the name of Allah deliberately (amadan) or ignorantly (jahlan), the animal will not be lawful (halal), due to the statement of Allah Most High: “Eat not of (meats) over which Allah’s name has not been pronounced”. However, if he failed to pronounce the name of Allah forgetfully, then it would be lawful (halal) to consume from the animal, due to the Hadith of Shaddad ibn Sa’id wherein the Messenger of Allah (Allah bless him & give him peace) said: “The Zabiha of a Muslim is Halal even if he does not pronounce the name of Allah as long as it is not left out deliberately, narrated by Sa’id.” (Kashaf al-Qina’ ala Matn al-Iqna, 5/181) As far as Imam Shafi’i (Allah have mercy on him) is concerned, it is usually related from him that the animal will be lawful to consume even when one does not pronounce the name of Allah intentionally, and that to pronounce the name of Allah is merely a Sunnah. However, the great contemporary jurist, Shaykh Mufti Taqi Usmani (may Allah preserve him) discusses the viewpoint of Imam Shafi’i (Allah have mercy on him) in his Arabic treatise “Ahkam al-Dhaba’ih” concluding that this is only when it occurs infrequently. If a habit is made of not pronouncing the name of Allah due to negligence and taking the matter lightly, the animal would not be lawful according to the Shafi’i school also. Shaykh Taqi Usmani (may Allah preserve him) states: “It appears by looking into the book “al-Umm” of Imam Shafi’i that he did not explicitly mention the lawfulness of the animal on which the name of Allah is not pronounced, rather he only stated that the animal on which the name of Allah was not pronounced forgetfully would be lawful (halal). The text of Imam Shafi’i (Allah have mercy on him) is as follows: “When a Muslim sends his (hunting) dog or bird, both of which are trained (to hunt), I would prefer that he pronounces the name of Allah. If he did not pronounce the name of Allah forgetfully, and the animal was hunted, then it would be Halal to consume from it….” (Kitab al-Umm, 2/227) Further along, Imam Shafi’i (Allah have mercy on him) clearly states that the one who does not pronounce the name of Allah by taking the matter lightly, then the animal slaughtered by him would not be lawful. He states: “If a Muslim forgets to pronounce the name of Allah Most High, the slaughtered animal is Halal to consume. However, if he did not pronounce the name of Allah by taking the matter lightly (istikhfafan), then the slaughtered animal will not be lawful to consume.” (al-Umm, 2/131, Bab Zaba’ih ahl al-Kitab) These texts of Imam Shafi’i quite clearly illustrate that the Shafi’i school does not give a general permissibility of consuming from animals on which the name of Allah was not pronounced intentionally, rather, the slaughtered animal will be unlawful (haram) in the Shafi’i Madhhab also if the name of Allah (tasmiyah) was not pronounced due to being negligent or taking the matter casually and lightly, and that one makes this a habit. The upshot of all of this, is that the ruling of permissibility (of animals on which the name of Allah was not pronounced, even intentionally) according to Imam Shafi’i (Allah have mercy on him) is only restricted to the situation where one leaves the Tasmiyah once or twice by coincidence, and not due to being neglectful or taking the matter casually. And even in that situation, it will be disliked (makruh) to consume from the animal, for Imam Shaf’i stated: “I would prefer that he pronounces the name of Allah”, thus the Shafi’i fuqaha have clearly mentioned that if one does not pronounce the name of Allah intentionally, it will be Makruh and one will be sinful for doing this. (See: Buhuth fi Qadhaya Fiqhiyya Mu’asara, p. 393-394) It becomes clear from the above that, if the name of Allah (tasmiya) was not pronounced on an animal intentionally and deliberately, then the slaughtered animal will be unlawful (haram) without doubt according to the Hanafi, Maliki and Hanbali schools of Islamic sacred law. It will also be unlawful (haram) to consume it according to the Shafi’i school if it was not pronounced due to negligence and forming a habit of it. However, if the name of Allah was not pronounced once in a while, then (according to the Shafi’i school) despite this act being Makruh and sinful, it will not be Haram to consume from the animal. Some people try to justify the lawfulness of the animals on which the name of Allah was not pronounced (even intentionally) with the following Hadith recorded by Imam al-Bukhari in his Sahih: Sayyida A’isha (Allah be pleased with her) narrates that a group of people said to the Messenger of Allah (Allah bless him & give him peace): “Some people bring us meat and we do not know whether the name of Allah was pronounced over it or not.” He (Allah bless him & give him peace) said, “You pronounce the name of Allah on it and eat from it.” A’isha (Allah be pleased with her) states: “Those people had embraced Islam recently.” (Sahih al-Bukhari, no. 5507) However, their claim can not be substantiated with the above narration, for this Hadith is merely implying that if a Muslim was to foreword you some meat, then one should assume that the name of Allah was pronounced thus it is Halal. One should have a good opinion regarding fellow Muslims. This is the reason why Sayyida A’isha (Allah be pleased with her) stated that these people had embraced Islam recently, thus there may be doubt in the meat slaughtered by them. However, the Messenger of Allah (Allah bless him & give him peace) commanded that one should regard a Muslim to have fulfilled the requirements of a valid and lawful slaughter even if he has newly embraced Islam. The above Hadith has nothing whatsoever to do with the situation where one is positive and sure that the name of Allah was not pronounced intentionally. Thus, if one was aware that Tasmiyah did not take place, the animal would be unlawful. In conclusion, the Hadith is referring to the situation where one has not seen the animal being slaughtered with his naked eye (as is the case with most of us), thus has to rely on the word of the one who is selling him. If there is no reason to doubt him, one may purchase the meat and eat of it. The Hadith is not referring to the situation where one knows for certain that the name of Allah was not pronounced at the time of slaughter. The difference between the two situations is quite clear and apparent. Having understood the importance of pronouncing the name of Allah (tasmiyah) at the time of slaughtering animals, we once again return to our discussion on machine-slaughter. There are few points that need to be taken into consideration here: Firstly, the machines have a blade that keeps turning round like a rotating hand mill or grinder. This blade is quite sharp and moves very rapidly, and the necks of the chickens and birds (that are hanged upside down) pass on it with the veins being instantly cut. If that is the case, then there is nothing wrong (in this issue) from a Shariah perspective. If the blade was so sharp that it was to totally cut off and separate the head of the bird from the rest of its body, then despite this act being disliked (makruh), the animal would remain lawful (halal). It is stated in the famous Hanafi fiqh work, al-Hidaya: “If one reached the spinal marrow (nukha’) with the knife or cut off the whole head, the act will be Makruh, although it will be permissible to consume from the animal.” (al-Marghinani, al-Hidaya, 2/438) However, at times it is possible that the bird moves due to some reason when passing by the blade, thus the neck and veins may not be completely cut or may be cut but only slightly leaving doubt whether the veins that must be cut in order for the animal to be lawful have been cut or otherwise. If that is the case, then the animal would be unlawful. Therefore, one needs to be assured whether the veins of all the birds and chickens are slit in a proper manner. If this can not be assured, then it would not be permissible to use these machines or one must use something that guarantees the cutting of veins properly. The second (and fundamental) issue here is of pronouncing the name of Allah Most High (tasmiyah). There are few scenarios: As you may be aware that the machine does not slaughter all the birds at once, rather the birds are slaughtered one after the other. Thus, if a Muslim was to pronounce the name of Allah and switch on the machine, then the first bird that is slaughtered may be Halal but the rest would remain unlawful, for it is a condition that each animal individually has the name of Allah pronounced over it. Yes, if some animals or birds were slaughtered simultaneously, then one pronouncement would be sufficient. The verse of the Qur’an quoted earlier where Allah Most High says: “Eat not of (meats/animals) over which Allah’s name has not been pronounced. That would be sinful (fisq)” indicates that each animal separately must have the name of Allah pronounced over it. Imam al-Haskafi (Allah have mercy on him) states: “The condition (for an animal to be Halal) is that the animal is slaughtered straight after the pronouncement of Allah’s name (tasmiyah) before one begins doing something else (tabaddul al-majlis). So much so that if a person laid down two sheeps, one over the other, and slaughtered them simultaneously with pronouncing the name of Allah once, then they will both be Halal, contrary to the situation where one slaughters them one after the other (m, in that only the first will be Halal). The reason behind this is that the repetition of the act (m, meaning the act of slaughtering) necessitates repetition of Tasmiyah.” (See: Radd al-Muhtar ala al- Durr al-Mukhtar, 6/402) The same has also been mentioned in the other fiqh schools. See for the Hanbali school: Ibn Qudama, al-Mugni (11/33), and for the Maliki school: Muwaq al-Maliki, al-Taj wal Iklil (3/219). Moreover, the jurists (fuqaha) have mentioned that the animal must be slaughtered straight after the pronouncement of the name of Allah without having a considerable delay. Imam al-Haskafi (Allah have mercy on him) states: “If the slaughterer pronounces the name of Allah then engages in eating or drinking something, and then slaughters the animal, in such a case, if the period was considerably lengthy, it will be unlawful to consume the meat. However, if the period was not that long, it would be Halal. And “being long” is what an onlooker would regard it to be a considerable time.” (Durr al-Mukhtar with Radd, 6/302) Ibn Qudama, the great Hanbali jurist, states: “If a person laid down the sheep in order to slaughter it and pronounced the name of Allah, thereafter put the knife down and picked up another knife or replied to a greeting (salam) or spoke to someone, etc, and then slaughtered the animal, it will be Halal to consume it. The reason being is that he recited the Tasmiyah for that particular animal without separating the Tasmiyah and slaughter with a considerable time. Thus, it is as though he did not speak.” (al-Mugni, 11/33) In conclusion, the majority of the jurists (fuqaha) have stipulated that the pronouncement of Allah’s name (tasmiyah) must be on each and every individual animal, and that there should not be a major separation between the Tasmiyah and slaughter. As such, pronouncing the name of Allah Most High when switching the machine on will not render all the chickens to be lawful (halal). The reason being is that the one who pronounced the name of Allah the first time did not pronounce it on each and every individual animal, and secondly, there is a separation of hours or even a whole day (in some cases) between the pronouncement and the slaughter of thousands of chickens, both of which are not acceptable in order for the animal to be considered legally Halal. The second scenario here is that a Muslim stands close to the blade in the appliance and pronounces the name of Allah Most High when the chickens come close to the blade and are slaughtered. This also has many problems from an Islamic perspective. Firstly, it is a condition that the name of Allah is pronounced by the one who is slaughtering the animal. However, in the mentioned scenario, the one standing next to the blade has nothing to do whatsoever with the chicken. He did not switch the machine on, neither did he turn the blade nor moved the chicken towards the blade. He is merely like an individual who was passing by a slaughterer who was slaughtering his animal. There is no connection whatsoever. Suppose he did pronounce the name of Allah and another person pronounced the name of other than Allah, then to whom will the slaughter of the animal be attributed to? Secondly, there are thousands of chickens that are slaughtered in the machine, thus it is impossible that the name of Allah is pronounced on each and every individual bird. The one who is blessing the chicken must not move for even one moment or take his eye of the machine, for if he failed to pronounce the name of Allah on even one chicken, it will become unlawful (haram). Even if he did take all reasonable measures to pronounce the name of Allah on every chicken, it is virtually impossible, given the magnitude of chickens that are slaughtered. In light of the above, it is very difficult to say that birds and chickens that are slaughtered mechanically are lawful (halal), whether one pronounces the name of Allah when switching on the machine or whether there are individuals who pronounce the name of Allah when the chickens come close to the blade in the machine. Some people argue that “Islamically there is no difference between hand-slaughter and machine slaughter” thus, one should not insist on the chickens to be slaughtered manually. However, the question here is not of hand-slaughter and machine-slaughter, rather, the issue here is of fulfilling the Shariah requirements with regards to a valid slaughter. If the conditions for a valid slaughter are fulfilled (regardless of whether it is hand-slaughter or machine-slaughter), the animal would be lawful (halal) to consume. However, if these conditions are not fulfilled, it will render the animal unlawful (haram). If these conditions were not fulfilled in hand-slaughter, even then the animal will become unlawful. It is not a case of favouring one over the other. Internationally renowned scholar, Shaykh justice Mufti Muhammad Taqi Usmani (may Allah preserve him) has mentioned the solution to this problem in his Arabic treatise Ahkam al-Zaba’ih and in his English book Contemporary Fatawa: He states: “The only solution to this problem is that instead of one person, three Muslims be employed to cut the throats of chicken manually. They can slaughter the hanging chicken, alternatively. The speed of the machine need not be slowed down, nor does the production need to be reduced. Each one of these three persons will cut the throats of chickens by pronouncing the name of Allah. This procedure has been practised in a number of countries where the objective of mass production was never harmed or adversely affected. In the same Maple Lodge Slaughter House, we had seen a number of jobs being done manually by persons standing by the railing on which the chickens pass continuously. The same method can easily be applied at the stage of slaughtering also. This will require only two or three more persons to be employed which should never be a problem for such a big firm….If this objective is achieved, one should not insist on it being manual or mechanical. In the way I have suggested, all the process of the mechanical production will remain as it is. The only act to be done manually is the act of cutting the throat without slowing down the machine. You can see that the separation of liver and some other parts of chicken is still being done manually, while it does not in any way, slow down the process. The same method is suggested for cutting the throat also.” (Contemporary Fatawa, p.288-289) In conclusion, there is no justification of machine-slaughtered chicken, neither is there a great need for it. As Shaykh Taqi has pointed out that, many firms have employed the method suggested by him and that it did not have an affect on mass production. Given this and all the other proofs outlined above, it will not be permissible to mechanically slaughter chickens where the necessary conditions are not fulfilled. However, if they are fulfilled, then the animal would be lawful (halal) to consume. Finally, one must remember that machine-slaughter is a new phenomenon created by the rapid progress in modern technology. Thus, it is obvious that it is impossible for one to find express rulings with regards to it in the classical sources of Islamic jurisprudence. Its ruling can only be derived from the general principles and guidelines set down in the Qur’an, Sunnah and the classical works of Islamic jurisprudence. Thus, they may be some differences of opinion with regards to this issue and we respect the opinion of other scholars. However, the above is what I have understood from my teachers, especially Shaykh Mufti Taqi Usmani, upon whose Arabic work (Ahkam al-Zaba’ih) this article is primarily based. One must also remember that this is a very important issue for a Muslim. Consuming Halal food is one of the most important things for a believer, for it has a bearing on all the other worships religious obligations. Allah Most High says: “O people! Eat of what is in the earth, Halal and Pure, and do not follow the footsteps of Satan. Indeed, for you he is an open enemy.” (Surah al-Baqarah, 168) Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Allah the Almighty is pure and accepts only that which is pure. Allah has commanded the faithful to do that which he commanded the Messengers, and the Almighty has said: “O Messengers! Eat of the pure things and do right”. And Allah the Almighty has said: “O you who believe! Eat of the pure things We have provided you.” Then he (Allah bless him & give him peace) mentioned (the case of) a man who, having journeyed far, is dishevelled and dusty and who spreads out his hands to the heavens (saying): “O Lord! O Lord!” —while his food is unlawful, his drink unlawful, his clothing unlawful, and he is nourished unlawfully, so how can he be answered!” (Sahih Muslim) Thus, the food we eat has a direct effect on us. It is the primary thing that needs to be considered by a Muslim. Supplications (dua) are not accepted due to consuming unlawful food. Hence, a Muslim should abstain from that which is doubtful also. One should also remember that, originally all things are permissible unless proven to be unlawful (al-Asl fi al-Ashya al-Ibaha), however, the case with meat is different, in that it is unlawful until proven to be Halal. The proof for this is the narration of Adi ibn Hatim (Allah be pleased with him) already quoted where he said to the Messenger of Allah (Allah bless him & give him peace): “O Messenger of Allah! At times, I let go of my hunting dog but I find with it another dog and I am unaware which of the two hunted the animal? The Messenger of Allah (Allah bless him & give him peace) said: “Don’t eat (from the hunted animal), for you have pronounced the name of Allah on your dog and not on the other.” (Sahih al-Bukhari, no 5486) This Hadith clearly indicates that when there is doubt in the animal being Halal, it will be unlawful to consume it, which signifies that meat is originally unlawful (hurmah) until proven to be Halal. Had it been originally Halal, the Messenger of Allah (Allah bless him & give him peace) would not have ordered Adi (Allah be pleased with him) to abstain from consuming it. This also serves as an answer to those who state that the organization certifying products as “Halal” is responsible, and thus, any sins for eating the chickens will go to the certifying organization. The fact is that, it is the responsibility of every individual that he/she investigates the authenticity of such statements and then consumes the meat. If a Muslim informs you about a particular meat that it was slaughtered in complete accordance with the rules of Shariah, and there is no apparent reason to disbelieve or suspect him, then one should take his word and consider the meat to be Halal. However, if there are genuine reasons for one to suspect the seller, such as one himself observed that the name of Allah was not pronounced at the time of slaughter or the seller is too careless in order to rely on his claim, or the chickens are presumed to be stunned or mechanically slaughtered, etc… then one must investigate himself and then consume of the meat. Moreover, if one did that which was in one’s capacity (i.e. investigating), and the meat was Haram, then although the sin for consuming Haram meat may not be committed but the effects of eating Harm will still remain. This effect, as stated previously, will have its toll on one’s worship, Dua, and on life in general. May Allah Most High guide us all to the straight path and keep us far away from unlawful and doubtful food, Ameen. And Allah knows best Muhammad ibn Adam Darul Iftaa Leicester , UK |
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12-20-2010, 09:28 AM | #10 |
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Restaurant Depot chicken is machine slaughtered if the supervising company is Halal Transactions of Omaha and the company supplying it is Townsends.
The best article I have come across on machine slaughtered meat being Haram: http://www.halalmc.net/resources/mec...l_mustafa.html Hence, it would be Haram to consume such chicken because it did not fulfill the requirements of Islamic sacrifice. |
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12-20-2010, 09:38 AM | #11 |
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12-20-2010, 09:50 AM | #12 |
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From recent discussions with members of the Halal Food Standards Alliance of America, it is found that a majority of the chicken in the US is machine slaughtered. I would not be hesitant to say the same exists elsewhere. Brother Abu Dajanaa, I would ask the supplier "who certifies the chicken to be halal", and then contact that Halal certification company and ask. |
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12-20-2010, 10:16 AM | #13 |
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12-21-2010, 09:19 AM | #14 |
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Mufti Abdullah Nana (a user on this forum) from Bay Area appears to be an expert in Halal foods in the US. If I remember correctly, he warned us against eating halal-labeled chicken and beef from Halal Depot, the chicken because it is machine slaughtered, and the beef because it is not slaughtered properly. This was about 18 months ago, however, so things may have changed. As for al-Safa, a lot of Muslims seem to trust it, but he also warned me of their shady business practices (they only allow inspection of certain facilities), so that may be a problem area as well. |
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12-21-2010, 10:19 AM | #15 |
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Assalam O Alaikum
Our website reported first about machine slaughtered chicken in Restaurant depot very long time ago and also about Townsend in Delaware. Al-Safa is owned by a Jewish family in Canada and It is my personal opinion that Muslim trust Zabiha meat owned by Muslim but not non Muslim, although Muslims work their but they are actionless when some thing happened unIslamic. Brother Abdul Hajer(a good friend of mine) mentioned machine slaughter in his Halal certificate. MCG is not in Halal meat certification and we concentrate in non meat products. MCG's Muftisaheban do not consider machine slaughtered chicken as Zabiha and I follow their fatwa. Syed Rasheeduddin Ahmed Muslim Consumer Group For Food Products USA www.muslimconsumergroup.com www.canadianhalalfoods.com |
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12-21-2010, 11:21 AM | #16 |
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Restaurant Depot chicken is machine slaughtered if the supervising company is Halal Transactions of Omaha and the company supplying it is Townsends. Restaurant Depot meat by the above company HTO is supervised by the following: Dr. Ahmad Al-Absy Halal Transactions of Omaha P. O. Box 4546 Omaha, NE 68104 USA Tel.: (402) 572-6120 Fax: (402) 572-4020 Cell: (402) 659-8191 e-mail: halal2eat@hotmail.com He initially was using the local masjid name in Omaha to sell his products worldwide and no one knew about it and he did not inform anyone about it. When people found out that he was misusing their name, the Masjid told him that the only way he can use the Masjid's name is if he lets them check out the slaughter house whenever the Masjid feels like it. He refused to allow unhindered access so the Masjid told him to stop using their name. So Dr. Al-Absy opened his own company and he certifies his own meat. Even though the meat is machine slaughtered, he refuses to acknowledge it and he is not transparent in his answers and he continues to call the cutting instrument 'a sharp-mechanical electric knife'. |
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12-22-2010, 02:57 AM | #17 |
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Assalam O Alaikum Where do you recommend businesses buy commercial halal meat from in the U.S.? |
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12-22-2010, 03:22 AM | #18 |
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Last month I attended one of Mufti Abdullah Nana Sahab's Bayan .He said that since June of this year Al-safa has went back to machine salughter. |
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12-22-2010, 03:37 AM | #19 |
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Assalam O Alaikum
This information is true and I know the background why they change from hand slaughter to machine slaughter. Syed Rasheeduddin Ahmed Muslim Consumer Group For Food Products USA www.muslimconsumergroup.com www.canadianhalalfoods.com |
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12-22-2010, 04:35 AM | #20 |
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Assalam O Alaikum |
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